Mississippi Administrative Code
Title 18 - HUMAN SERVICES
Part 7 - Division of Family & Children Services Licensing Requirements
Chapter 1 - Licensing Requirements Manual for Residential Child Caring and Child Placing Agencies
Section 18-7-1-VI - CARE AND SERVICES
Universal Citation: MS Code of Rules 18-7-1-VI
Current through September 24, 2024
A. Service Plan:
1. The agency shall have completed a written service plan using the Individual Service Plan (ISP) developed by the Department's County of Responsibility within thirty (30) calendar days of placement for every child admitted into care.
2. The agency shall collaborate with all appropriate staff members and responsible agencies, the Department or parent and the child, if age appropriate, in developing and implementing the service plan for the child and the child's family.
3. The service plan shall include the following:
a. The date the plan is approved
b. An assessment of the child's and family's strengths and needs
c. Defined goals, staff assignments, time schedules and steps to be taken to meet the goals
d. The plan for family (including siblings) visitation, unless prohibited
e. An alternate permanency plan when a determination has been made by the Department that the child cannot return home
f. A plan regarding estimated length of placement, discharge, and aftercare
g. The estimated date for the first progress review of goal
h. A signed copy of the Department's Client's Rights and Responsibilities for the appropriate age group of the child
i. Identify services to be provided by the agency
j. Designation of the agency's responsibility for work with the family
k. A plan of preparation and transportation for Independent Living and Transition for youth
l. The plan shall be signed by the child's parent or legal guardian and responsible staff, when appropriate, and a copy given to each.
m. A plan that is initiated and maintained by the provider to provide transportation for youth to and from school and /or work.
4. The agency shall maintain contact with the child's parent(s) and the Department, if appropriate, within the parameters of a court order and shall encourage the parent(s) to communicate and visit the child in accordance with the service plan.
B. Service Plan Review:
1. The agency shall review each child's service plan at least every three (3) months. Written documentation of the review shall be signed, dated, and filed in the child's record.
2. The service plan shall be revised to include the following:
a. Progress made toward achieving the goals established in the previous service plan
b. Changes in the service plan.
C. Direct Child/Youth Care Services:
1. Child's Access to Social Worker or Counselor:
a. The child shall have access to a social worker(s) or counselor at all times and be able to schedule private appointments upon his/her own initiative.
2. Daily Routines:
a. The agency shall post the daily schedule in a prominent place.
b. The agency's daily routine shall provide time for privacy and individual pursuits of all children.
3. Food and Nutrition:
a. The facility shall assign one staff member to the overall management of the food service. If this person is not a professionally qualified dietitian, monthly scheduled consultations shall be obtained on menus from a professionally qualified dietitian. Facilities which participate in the USDA Child Care Food Program administered by the Department of Education meet this requirement.
b. The staff member in charge of food service shall plan menus at least a week in advance.
c. The agency shall serve staff members and children in care substantially the same food, except when age or special dietary requirements dictate differences. At least one (1) staff member on duty in living units shall eat meals with the children.
d. The child care agency shall provide wholesome nutritious and properly prepared daily meals, including: meats or meat substitutes, vegetables, milk, fruit, cereal, bread, and dessert. Nutritious snacks shall also be provided. Special dietary needs shall be provided as recommended by a physician.
e. At least three (3) meals shall be served each day, each with a different menu. Menus shall be written in advance and shall be kept on file for one (1) year and available for review. Menus, as served, shall be retained on file for one (1) year.
f. Between-meals and evening snacks shall be available, except when restricted for dietary or health reasons.
g. When special dietary needs are identified, professional consultation shall be requested and modifications made as needed.
h. Handling, storage, and preparation of food shall comply with state health standards.
i. Food shall be of appropriate portions for the age, growth, and development of the child.
4. Clothing and Personal Belongings:
a. The agency shall ensure that each child has his/her own clean, well fitting, attractive, seasonal clothing, including shoes, which are appropriate to age, sex, individual needs, and comparable to the community standards.
b. The agency shall involve the child in the selection, care, and maintenance of personal clothing as appropriate to age and ability.
c. The agency shall provide each child with individual items for personal hygiene and grooming, such as bathroom supplies, laundry needs or other items.
d. The agency shall allow a child to bring and acquire personal belongings. The agency may limit or supervise the use of these items while the child is in care.
e. The agency shall provide opportunities for children to learn the value and use of money through allowances, earnings, spending, and savings. Age appropriate youth shall be allowed to participate in Independent Living Life Skills activities offered through the Department. The agency shall have a means of keeping children's money safe and separate from the facility's financial accounts.
f. The agency shall send all personal clothing and belongings with the child when he/she leaves the facility.
g. The agency shall maintain an inventory of clothing and personal belongings of the child which must be signed by the parent, guardian, or the Department designee upon admission and discharge.
h. The agency must use the child's clothing allowance for the child or place funds in the child's personal account.
i. The agency must give the personal allowance to the child and allow reasonable choices in spending allowances.
5. Recreation and Leisure Activities:
a. The agency shall have and follow a written plan for a range of indoor and outdoor recreational and leisure activities. In coed facilities, boys and girls shall have opportunities for recreation and social activities together. Such activities shall be based on the group and individual interests and needs of the children in care. Activities shall be offered throughout the year with an emphasis during the summer months. Opportunities include, but are not limited to, youth retreats and youth conferences or other activities offered through the Department, church or non-church related activities and school related activities. The agency shall have a posted schedule of the activities.
b. It is recommended that the agency shall allow no more than two (2) to three (3) hours of quality TV and videos a day.
6. Discipline and Punishment:
a. The agency shall have and follow written policies on discipline and punishment which shall be available to the child, the child's parent(s) or guardian, and the Department.
b. The policies shall include positive reinforcement by praising and encouraging children when they exhibit self-control and desired behavior, and methods for protecting children and others when a child is out of control.
c. The child shall be advised of all the rules of the agency which apply to him/her and shall sign a policy statement that he/she has read, understands, and agrees to abide by all the rules of the agency.
d. The agency shall be responsible for thorough training of all staff members on policies and practices concerning discipline and punishment.
e. All discipline must be reasonable and reasonably related to the child's age, understanding, need, and level of behavior. All discipline shall be limited to the least restrictive appropriate method, administered by appropriately trained staff and documented.
f. Punishment:
When punishment is required it shall be fair, consistent, brief, and relevant to the offense and in accordance with the agency's and the Department's written discipline policies.
The following forms of punishment shall not be used when disciplining a child:
(1) Corporal punishment
(2) Assignment of excessive or inappropriate work
(3) Denial of daily needs, such as meals, snacks, and program activities
(4) Denial of planned visits, telephone calls, mail or contacts with family that are required by the service plan
(5) Harsh, degrading or humiliating punishment, including physical or emotional abuse, is prohibited. Verbal abuse of a child and derogatory remarks about a child or his family are prohibited.
(6) Punishment shall not be administered by peers.
(7) A child who must be isolated from his peers shall be monitored by staff, with age appropriate adult supervision.
7. Family Visiting and Communication: a. The agency shall have and follow written policies that encourage and support family visitation, mail, telephone calls, and other forms of communication with family, friends, and significant others. The policy shall include approval of the visit based on the court order or the Department's approval. A copy of the policies shall be provided to all children, staff, parent(s) or guardian, and the Department.
8. Spiritual enrichment:
a. The agency shall provide an opportunity for the child to have spiritual enrichment and education in accordance with child's own statement of preference. Children shall not be coerced to affiliate with any religious organization if there is no religious preference identified.
b. Where sponsorship of specific children/youth by a church or other unrelated groups or individuals exists, no child shall be compelled against his/her will to visit such sponsors. If the child actively desires to make such a visit, it shall be planned with the child, in accordance with the agency's policy and child's service plan which has been approved by child's parent or guardian and child placing agency. Visiting Family Homes shall meet all licensing requirements of the Department (Section XVI).
9. Community Interaction:
a. The agency shall have and follow written policies to involve children in community activities. The agency shall arrange transportation and supervision as needed for use of community resources.
b. Public appearances and photographing of the children shall be permitted only when they have positive and constructive benefits for the children and respect their dignity and confidentiality. All activities involving the use of children in publicity and fundraising shall be voluntary and shall have prior documented written approval of the Department, legal guardian, the child, the parents, if available, as well as a Court Order of Limited Disclosure from the judge having jurisdiction. Prior approval shall be requested from the Department for any and all photographing of the children.
c. The agency shall collaborate activities with other Federal and State programs for youth (including transitional living youth projects funded under Part B of Title III of the Juvenile Justice and Delinquency Prevention Act of 1974), abstinence education programs, local housing programs, programs for disabled youth (especially sheltered workshops) and school-to-work programs offered by high schools or local workforce agencies, if applicable.
d. The agency shall not engage in practices which exploit the rights of children.
e. The agency shall ensure that all records involving children are kept confidential and shall be disclosed only in accordance with the law. An Order of Limited Disclosure shall be issued by the court of competent jurisdiction for a child before information is released.
10. Children's Grievance Procedures:
a. The agency shall have and follow a written grievance procedure which allows children in care to make complaints without fear of retaliation. This procedure shall be written in a clear and simple language and shall be explained to children and their legal guardian. A copy shall be provided to each individual party or a child placing agency upon request. The grievance form shall be placed in an area and made available, with easy accessibility, to the residents.
D. Health Services:
1. General:
a. The agency shall have and follow a written plan for providing medical and dental services to all children in care. (Does not apply to Emergency Shelters.)
b. The agency shall require a pre-admission medical examination for all children in care except for Emergency Shelters. A medical exam, to include a tuberculosis (TB) screen, shall be performed within thirty (30) days prior to admission or within seven (7) days after admission.
c. The agency shall arrange for each child to have follow-up medical treatment and/or examinations as recommended by the medical examination.
d. The agency shall make arrangements with a licensed physician(s) or licensed nurse practitioner to provide ongoing medical treatment for children in care.
e. The agency shall make arrangements with a licensed hospital for the admission and treatment of children in care.
f. The agency shall ensure that all staff are trained in CPR annually and First Aid every three (3) years and have a trained staff member on duty where children are present at all times. They shall be trained to administer first aid and cardiopulmonary resuscitation (CPR).
g. The agency shall have a first aid kit in each living unit consistent with the guidelines of the American Red Cross. The first aid kit shall be kept locked and inaccessible to children in care.
h. The agency shall maintain medical and dental records for children in care. The records shall include the dates of all immunizations, examinations and any treatment for specific illnesses or medical emergency.
i. The agency shall make arrangements with a licensed dentist(s) to provide dental care and all findings should be sent to the Custodial Agency.
j. The agency shall ensure that each child has a dental examination annually and cleaning every six (6) months and all findings should be sent to the Custodial Agency.
k. The agency shall ensure that each child has annual eye and hearing examinations and all findings sent to the Custodial Agency.
l. The agency shall ensure that each child has a medical examination annually and all findings sent to the Custodial Agency.
m. The Department shall refer all children in custody ages three and under to the Statewide Early Intervention Program for a comprehensive evaluation and screening. This recommendation can also be made by the agency or in conjunction with the parent, legal guardian.
2. Prescription and Administering of Medication:
a. The facility shall have and follow written procedures for the prescription, administration of medication, and the disposal of outdated and unused medication. This procedure shall be given to all staff members responsible for prescribing and administering medication.
b. The facility shall keep all medication in a locked cabinet or in a separate room with a locked door.
c. A log shall be maintained on all medication administered as well as a youths refusal to take medications. The Department should be notified of all refusals within 24 hours.
d. The facility shall not permit medication prescribed for one child to be given to another.
E. Educational and Vocational Services:
1. Each child in care shall attend school in accordance with state law. The agency shall plan jointly with school personnel and the Department to place children in appropriate grades, classes, and obtain an Individualized Education Plan (IEP), if applicable.
2. The agency, legal guardian, or the Department shall enroll children in school within three (3) days of admission.
3. Arrangements shall be made for children to attend school in the community when possible. They shall be enrolled in a regular school setting unless otherwise determined by the IEP. They shall be encouraged to participate in all school clubs, sports and other extracurricular activities, including all Independent Living activities.
4. If the needs of residential children can only be met by the provision of an on-campus or home schooling educational program, such program shall maintain standards of instruction comparable to those of the local public schools.
5. The agency shall arrange for specialized training for each child based on the needs of the child.
6. When the agency provides therapeutic or psychiatric treatment, they shall integrate such treatments with the child's educational program.
7. The facility shall provide support and instruction in Life Skills for Youth which include, but are not limited to, the following:
a. Career Planning
b. Education
c. Daily Living
d. Home Life
e. Housing and Money Management
f. Self Care
g. Social Relationships
h. Work Life
i. Work and Study Skills.
8. Children of legal work age who are not in school shall be encouraged to seek employment in the community in accordance with the service plan and in compliance with state and federal laws.
F. Interstate Compact on the Placement of Children (ICPC):
The agency shall be knowledgeable of, and abide by, the requirements of the Interstate Compact on the Placement of Children. Please refer to the ICPC section.
G. Discharge and Termination Services:
1. The agency shall have and follow written policy for termination of services procedures and have a completed discharge summary within ten (10) days after child leaves the facility.
2. The agency shall notify the Department of any potential disruption in placement and have a meeting with the Department, the child, Resource Parents or birth parents to resolve issues and avoid disruption.
3. The agency shall notify the Department prior to any change of placement or disruption of placement.
4. Prior to discharge, the child's record shall include:
a. A summary of services provided, an assessment of goal achievement, and identification of unmet needs
b. A summary of the child's behavior and circumstances, along with any observations or information that would be useful to the next caretaker or care provider, shall be given to the Department designee at discharge
c. A plan for after-care and follow-up services
d. Any recommendations for the child and his family
e. The date and reasons for discharge and the name, address, telephone number and relationship of the person or agency to which the child is being discharged.
5. The agency shall provide a copy of the child's medical and dental information to the person or agency responsible for future medical and dental planning and care of the child.
6. The agency shall send all personal clothing and belongings with the child or responsible adult when the child is discharged. This shall be documented on the Inventory Record.
7. The agency shall send any accrued allowances and/or monies to the legal guardian.
H. No Decline/No Dismissal Policy for therapeutic or non-therapeutic agencies:
(Does not apply to shelters.)
1. Therapeutic and non-therapeutic agencies shall have a clearly defined and written policy and procedure on their decline/dismissal policy. This policy shall be based on the criteria for admission and dismissal as stated in their application for license and in their program information.
2. If a youth has been determined by the Department and the agency as meeting the eligibility criteria of the agency authorized for services by the Department, the agency shall accept the child.
3. If a youth is sent to a higher level of care (such as acute care) and is ready to be released, the agency shall re-admit the youth provided there is an available bed, the youth continues to meet the agency criteria, the acute care facility recommends return to the agency and returning to the agency is in the best interest of the youth.
4. A youth who is sent to a detention center may be dismissed from the agency if there are charges that result in the youth being sent to the training school, there is incarceration, a need for acute care, or the youth continues to be a danger to self or others. This dismissal will be justified by court order and/or written recommendation of a psychiatrist or licensed psychologist or other licensed clinical staff.
5. The agency, when it is appropriate to do so, shall assist the Department with placing the youth in an acute care facility, a residential treatment center, or other appropriate placement by making placement recommendations.
6. The youth shall not be released from the agency's care until suitable placement is obtained unless the youth presents an immediate danger to self or others or other safety issues are present.
7. A youth shall not be discharged due to challenging behaviors. Challenging behaviors are defined as, but not limited to, fighting, non-compliant or defiant behavior, and verbal altercations.
The agency's therapeutic program shall be expected to adapt treatment plans to address the needs of the youth. Reasons for all declines and dismissals shall be sent to the Department's Congregate Care Director. The agency shall provide a written justification to determine if the reasons meet the terms of the Department's policy. Written justification may be provided by the agency's therapist or social worker. The agency shall not discharge youth prematurely, without giving the Department two (2) weeks notice if possible. The agency shall work with the Department to develop an appropriate discharge plan into acute care or a less restrictive environment. The agency shall prepare the youth for transition and assist the Department in said transition. The placement shall not change until the Department receives documentation verifying that the current placement is unsafe or unsuitable. The youth shall not be discharged before receiving a termination letter from the Department's Congregate Care Director. The agency shall maintain the youth under close supervision until the proper placement is found and the transfer is complete unless the safety and well-being of the youth are compromised.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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